Seventy-five percent of Americans routinely argue with their partner about the thermostat setting, according to this survey. Hopefully, those petty arguments don’t end in legal proceedings.
But when the debate over what constitutes a just-right temperature plays out between tenant and landlord or property manager, it gets a lot more complicated—particularly when it comes to allowing portable AC units.
The trouble is, whether tenants have a legal right to install portable air conditioners depends on many factors, including:
Let’s review all these considerations and more—including what’s typically required of landlords, what rights tenants have, and common circumstances where PMs may allow tenant-provided cooling.
In most cases, no. But requirements vary by state, and the legal landscape is evolving.
Nearly every state recognizes some sort of implied standard of livability, or habitability. This means landlords must provide safe, sanitary, and livable housing.
Historically, that meant providing heat, not cooling.
But because of more extreme heat events happening all over the country and the danger they pose to vulnerable populations, these laws are evolving.
For example, Senate Bill 1536 in Oregon prohibits landlords from banning portable AC units, with certain exceptions. Specifically, Oregon-based landlords can still prohibit portable cooling units that:
Practically speaking, this allows most landlords to prohibit window-mounted AC units, but it forces them to allow rolling floor units.
Other cities, including Olympia, New York City, Chicago, New Orleans, and Dallas, have similar ordinances that require landlords to provide or allow cooling capable of maintaining a certain indoor temperature, usually between 80 and 85 degrees.
Outside of these select areas, landlords may be required to allow portable AC if a tenant’s disability or medical condition requires cooling, provided the device doesn’t create an undue burden or safety issue. This would fall under the Fair Housing Act’s rules on reasonable accommodation.
(For concrete examples of situations to help you determine whether your AC ban is valid, check out this table.)
Many property managers don’t just allow portable units; they store them to lend or rent out to tenants as a courtesy if there’s a temporary cooling issue.
On a more permanent basis, PMs tend to allow rolling floor units but are more restrictive with window units. And despite what many tenants think, restricting window units is not an arbitrary decision. There are plenty of real reasons window AC units are not allowed, which include:
To address these issues, some PMs allow window units, but only if the tenant pays for a trusted vendor to handle the installation and maintenance. To make sure you find dependable tenants, here some strategies for finding good tenants.
Others prohibit window-mounted units but allow plug-in portables, even if they don’t have to. These PMs also set specific rules, like requiring regular inspections, to prevent potential water damage from plug-in units.
Every property, climate, city, state, and owner is different. So there’s no one right answer to the question of whether you should allow portable AC.
But if you have decided to allow portable cooling, these are the steps you should take.
A clear, written policy turns gray areas into guardrails. Paired with practical safeguards, such as professional installs, reasonable limits, and inspections, this reduces risk and keeps tenants happy.
The right approach to portable ACs is nuanced. Your decision should weigh resident needs with building safety, insurance requirements, and local laws. But providing this amenity doesn't have to be a headache. Think of it as an opportunity to serve.
When tenants know the rules, you lower the risk of damage while maximizing comfort. Plus, there’s fewer mid-July heat emergencies for your team to worry about.